Ex parte HUSTON et al. - Page 2




                     Appeal No. 1999-0172                                                                                                                                              
                     Application 08/334,733                                                                                                                                            


                                Charles D. Huston et al. originally took this appeal from                                                                                              
                     the final rejection of claims 1 through 3 and 5 through 31,                                                                                                       
                     all of the claims pending in the application.  The examiner                                                                                                       
                     has since withdrawn all rejections of, and allowed, claims 12                                                                                                     
                     through 26.  Accordingly, the appeal is dismissed with respect                                                                                                    
                     to claims 12 through 26, leaving for review the standing                                                                                                          
                     rejections of claims 1 through 3, 5 through 11 and 27 through                                                                                                     
                     31.  We affirm-in-part.                                                                                                                                           


                                                                             THE INVENTION                                                                                             


                                The invention relates to “a system and method for                                                                                                      
                     tracking inventory and freight using the global positioning                                                                                                       
                     satellite system” (specification, page 1).  Claims 1 and 10                                                                                                       
                     are representative and read as follows:2                                                                                                                          


                                1.  A system for determining locations of freight                                                                                                      
                     containers in a freight yard comprising:                                                                                                                          


                                2 Our review of the record indicates that dependent claim                                                                                              
                     28 is redundant with respect to parent claim 27.  This                                                                                                            
                     informality is deserving of correction in the event of further                                                                                                    
                     prosecution before the examiner.                                                                                                                                  
                                                                                          2                                                                                            





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